What Is a Bail Bond?
A bail bond is an agreement by a legal defendant to look for trial or pay a sum of cash set by the courtroom. The bail bond is cosigned by a bail bondsman, who expenses the defendant a payment in return for guaranteeing the payment. The bail bond is a type of surety bond.
The industrial bail bond system exists solely within the United States and the Philippines. In other countries, bail may entail a set of restrictions and situations positioned on legal defendants in return for his or her release until their trial dates.
·A bail bond cosigned by a bail bondsmen is posted by a defendant in lieu of full fee of the bail set by the court docket.
·The bail bond serves as surety that the defendant will seem for trial.
·Judges sometimes have extensive latitude in setting bail amounts.
·Bail bondsmen typically cost 10% of the bail quantity up front in return for their service and will cost further fees. Some states have put a cap of 8% on the quantity charged.
·The bail system is broadly seen as discriminatory to low-revenue defendant and contributing to the mass-incarceration of young African-American men.
How a Bail Bond Works
A person who's charged with a crime is often given a bail hearing before a judge. The amount of the bail is at the decide's discretion. A decide could deny bail altogether or set it at an astronomical level if the defendant is charged with a violent crime or appears more likely to be a flight danger.
Judges generally have broad latitude in setting bail amounts, and typical quantities range by jurisdiction. A defendant charged with a nonviolent misdemeanor might see bail set at $500. Felony crime charges have correspondingly excessive bail, with $20,000 or extra not uncommon.
The commercial bail bond system exists solely within the United States and the Philippines.
Once the amount of the bail is ready, the defendant's decisions are to remain in jail till the costs are resolved at trial, to rearrange for a bail bond, or to pay the bail amount in full until the case is resolved. Within the last instance, courts in some jurisdictions settle for title to a house or other collateral of value in lieu of money.
Bail bondsmen, also called bail bond agents, present written agreements to prison courts to pay the bail in full if the defendants whose appearances they assure fail to appear on their trial dates.
Bail bondsmen generally charge 10% of the bail quantity up front in return for their service and will cost further charges. Some states have put a cap of eight% on the amount charged.
The agent might also require an announcement of creditworthiness or could demand that the defendant flip over collateral within the type of property or securities. Bail bondsmen typically settle for most property of worth, including cars, jewelry, and houses as well as stocks and bonds.
Once the bail or bail bond is delivered, the defendant is launched till trial.
The Disadvantages of the Bail Bond System
The bail bond system has turn into part of the bigger debate over mass incarceration, especially of young African-American males, in the U.S.
The bail bond system is considered by many even within the authorized occupation to be discriminatory, because it requires low-earnings defendants to remain in jail or scrape collectively a 10% You can find out more cash price and the rest of the bail-in collateral—even before they stand trial for any crime. PrisonPolicy.org says that about 536,000 persons are being held in jails in the U.S. as a result of they can't afford bail or a bail bondsman's companies.
Four states including Illinois, Kentucky, Oregon, and Wisconsin have outlawed bail bondsmen and instead require a 10% deposit on the bail amount to be lodged with the court. In 2018, California voted to get rid of cash bail requirements from its court system.